Full Text of SB2932 98th General Assembly
SB2932ham001 98TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 5/21/2014
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| 1 | | AMENDMENT TO SENATE BILL 2932
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2932 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 4-203, 11-1431, 18a-300, and 18d-153 and by | 6 | | adding Section 4-203.5 as follows:
| 7 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 8 | | Sec. 4-203. Removal of motor vehicles or other vehicles; | 9 | | Towing or
hauling away.
| 10 | | (a) When a vehicle is abandoned, or left unattended, on a | 11 | | toll
highway, interstate highway, or expressway for 2 hours or | 12 | | more, its
removal by a towing service may be authorized by a | 13 | | law enforcement
agency having jurisdiction.
| 14 | | (b) When a vehicle is abandoned on a highway in an urban | 15 | | district 10
hours or more, its removal by a towing service may | 16 | | be authorized by a
law enforcement agency having jurisdiction.
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| 1 | | (c) When a vehicle is abandoned or left unattended on a | 2 | | highway
other than a toll highway, interstate highway, or | 3 | | expressway, outside of
an urban district for 24 hours or more, | 4 | | its removal by a towing service
may be authorized by a law | 5 | | enforcement agency having jurisdiction.
| 6 | | (d) When an abandoned, unattended, wrecked, burned or | 7 | | partially
dismantled vehicle is creating a traffic hazard | 8 | | because of its position
in relation to the highway or its | 9 | | physical appearance is causing the
impeding of traffic, its | 10 | | immediate removal from the highway or private
property adjacent | 11 | | to the highway by a towing service may be authorized
by a law | 12 | | enforcement agency having jurisdiction.
| 13 | | (e) Whenever a
peace officer reasonably believes that a | 14 | | person under
arrest for a violation of Section 11-501 of this | 15 | | Code or a similar
provision of a local ordinance is likely, | 16 | | upon release, to commit a
subsequent violation of Section | 17 | | 11-501, or a similar provision of a local
ordinance, the | 18 | | arresting officer shall have the vehicle which the person
was | 19 | | operating at the time of the arrest impounded for a period of | 20 | | not more
than 12 hours after the time of arrest. However, such | 21 | | vehicle may be
released by the arresting law enforcement agency | 22 | | prior to the end of the
impoundment period if:
| 23 | | (1) the vehicle was not owned by the person under | 24 | | arrest, and the lawful
owner requesting such release | 25 | | possesses a valid operator's license, proof
of ownership, | 26 | | and would not, as determined by the arresting law |
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| 1 | | enforcement
agency, indicate a lack of ability to operate a | 2 | | motor vehicle in a safe
manner, or who would otherwise, by | 3 | | operating such motor vehicle, be in
violation of this Code; | 4 | | or
| 5 | | (2) the vehicle is owned by the person under arrest, | 6 | | and the person
under arrest gives permission to another | 7 | | person to operate such vehicle,
provided however, that the | 8 | | other person possesses a valid operator's license
and would | 9 | | not, as determined by the arresting law enforcement
agency, | 10 | | indicate a lack of ability to operate a motor vehicle in a | 11 | | safe
manner or who would otherwise, by operating such motor | 12 | | vehicle, be in
violation of this Code.
| 13 | | (e-5) Whenever a registered owner of a vehicle is taken | 14 | | into custody for
operating the vehicle in violation of Section | 15 | | 11-501 of this Code or a similar
provision of a local ordinance | 16 | | or Section 6-303 of this Code, a
law enforcement officer
may | 17 | | have the vehicle immediately impounded for a period not less | 18 | | than:
| 19 | | (1) 24 hours for a second violation of Section 11-501 | 20 | | of this Code or a
similar provision of a local ordinance or | 21 | | Section 6-303
of
this Code or a combination of these | 22 | | offenses; or
| 23 | | (2) 48 hours for a third violation of Section 11-501 of | 24 | | this Code or a
similar provision of a local ordinance or | 25 | | Section 6-303 of this
Code or a combination of these | 26 | | offenses.
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| 1 | | The vehicle may be released sooner if the vehicle is owned | 2 | | by the person
under arrest and the person under arrest gives | 3 | | permission to another person to
operate the vehicle and that | 4 | | other person possesses a valid operator's license
and would | 5 | | not, as determined by the arresting law enforcement agency, | 6 | | indicate
a lack of ability to operate a motor vehicle in a safe | 7 | | manner or would
otherwise, by operating the motor vehicle, be | 8 | | in violation of this Code.
| 9 | | (f) Except as provided in Chapter 18a of this Code, the | 10 | | owner or
lessor of privately owned real property within this | 11 | | State, or any person
authorized by such owner or lessor, or any | 12 | | law enforcement agency in the
case of publicly owned real | 13 | | property may cause any motor vehicle abandoned
or left | 14 | | unattended upon such property without permission to be removed | 15 | | by a
towing service without liability for the costs of removal, | 16 | | transportation
or storage or damage caused by such removal, | 17 | | transportation or storage.
The towing or removal of any vehicle | 18 | | from private property without the
consent of the registered | 19 | | owner or other legally authorized person in
control of the | 20 | | vehicle is subject to compliance with the following
conditions | 21 | | and restrictions:
| 22 | | 1. Any towed or removed vehicle must be stored at the | 23 | | site of the towing
service's place of business. The site | 24 | | must be open during business hours,
and for the purpose of | 25 | | redemption of vehicles, during the time that the
person or | 26 | | firm towing such vehicle is open for towing purposes.
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| 1 | | 2. The towing service shall within 30 minutes of | 2 | | completion of such
towing or removal, notify the law | 3 | | enforcement agency having jurisdiction of
such towing or | 4 | | removal, and the make, model, color and license plate | 5 | | number
of the vehicle, and shall obtain and record the name | 6 | | of the person at the law
enforcement agency to whom such | 7 | | information was reported.
| 8 | | 3. If the registered owner or legally authorized person | 9 | | entitled to
possession of the vehicle shall arrive at the | 10 | | scene prior to actual removal
or towing of the vehicle, the | 11 | | vehicle shall be disconnected from the tow
truck and that | 12 | | person shall be allowed to remove the vehicle without
| 13 | | interference, upon the payment of a reasonable service fee | 14 | | of not more than
one half the posted rate of the towing | 15 | | service as provided in paragraph
6 of this subsection, for | 16 | | which a receipt shall be given.
| 17 | | 4. The rebate or payment of money or any other valuable | 18 | | consideration
from the towing service or its owners, | 19 | | managers or employees to the owners
or operators of the | 20 | | premises from which the vehicles are towed or removed,
for | 21 | | the privilege of removing or towing those vehicles, is | 22 | | prohibited. Any
individual who violates this paragraph | 23 | | shall be guilty of a Class A
misdemeanor.
| 24 | | 5. Except for property appurtenant to and obviously a | 25 | | part of a single
family residence, and except for instances | 26 | | where notice is personally given
to the owner or other |
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| 1 | | legally authorized person in control of the vehicle
that | 2 | | the area in which that vehicle is parked is reserved or | 3 | | otherwise
unavailable to unauthorized vehicles and they | 4 | | are subject to being removed
at the owner or operator's | 5 | | expense, any property owner or lessor, prior to
towing or | 6 | | removing any vehicle from private property without the | 7 | | consent of
the owner or other legally authorized person in | 8 | | control of that vehicle,
must post a notice meeting the | 9 | | following requirements:
| 10 | | a. Except as otherwise provided in subparagraph | 11 | | a.1 of this subdivision (f)5, the notice must be | 12 | | prominently placed at each driveway access or curb
cut | 13 | | allowing vehicular access to the property within 5 feet | 14 | | from the public
right-of-way line. If there are no | 15 | | curbs or access barriers, the sign must
be posted not | 16 | | less than one sign each 100 feet of lot frontage.
| 17 | | a.1. In a municipality with a population of less | 18 | | than 250,000, as an alternative to the requirement of | 19 | | subparagraph a of this subdivision (f)5, the notice for | 20 | | a parking lot contained within property used solely for | 21 | | a 2-family, 3-family, or 4-family residence may be | 22 | | prominently placed at the perimeter of the parking lot, | 23 | | in a position where the notice is visible to the | 24 | | occupants of vehicles entering the lot.
| 25 | | b. The notice must indicate clearly, in not less | 26 | | than 2 inch high
light-reflective letters on a |
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| 1 | | contrasting background, that unauthorized
vehicles | 2 | | will be towed away at the owner's expense.
| 3 | | c. The notice must also provide the name and | 4 | | current telephone
number of the towing service towing | 5 | | or removing the vehicle.
| 6 | | d. The sign structure containing the required | 7 | | notices must be
permanently installed with the bottom | 8 | | of the sign not less than 4 feet
above ground level, | 9 | | and must be continuously maintained on the property for
| 10 | | not less than 24 hours prior to the towing or removing | 11 | | of any vehicle.
| 12 | | 6. Any towing service that tows or removes vehicles and | 13 | | proposes to
require the owner, operator, or person in | 14 | | control of the vehicle to pay the
costs of towing and | 15 | | storage prior to redemption of the vehicle must file
and | 16 | | keep on record with the local law enforcement agency a | 17 | | complete copy of
the current rates to be charged for such | 18 | | services, and post at the storage
site an identical rate | 19 | | schedule and any written contracts with property
owners, | 20 | | lessors, or persons in control of property which authorize | 21 | | them to
remove vehicles as provided in this Section.
The | 22 | | towing and storage charges, however, shall not exceed the | 23 | | maximum allowed by the Illinois Commerce Commission under | 24 | | Section 18a-200.
| 25 | | 7. No person shall engage in the removal of vehicles | 26 | | from private
property as described in this Section without |
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| 1 | | filing a notice of intent
in each community where he | 2 | | intends to do such removal, and such
notice shall be filed | 3 | | at least 7 days before commencing such towing.
| 4 | | 8. No removal of a vehicle from private property shall | 5 | | be done except
upon express written instructions of the | 6 | | owners or persons in charge of the
private property upon | 7 | | which the vehicle is said to be trespassing.
| 8 | | 9. Vehicle entry for the purpose of removal shall be | 9 | | allowed with
reasonable care on the part of the person or | 10 | | firm towing the vehicle. Such
person or firm shall be | 11 | | liable for any damages occasioned to the vehicle if
such | 12 | | entry is not in accordance with the standards of reasonable | 13 | | care.
| 14 | | 9.5. Except as authorized by a law enforcement officer, | 15 | | no towing service shall engage in the removal of a | 16 | | commercial motor vehicle that requires a commercial | 17 | | driver's license to operate by operating the vehicle under | 18 | | its own power on a highway. | 19 | | 10. When a vehicle has been towed or removed pursuant | 20 | | to this Section,
it must be released to its owner or | 21 | | custodian within one half hour after
requested, if such | 22 | | request is made during business hours. Any vehicle owner
or | 23 | | custodian or agent shall have the right to inspect the | 24 | | vehicle before
accepting its return, and no release or | 25 | | waiver of any kind which would
release the towing service | 26 | | from liability for damages incurred during the
towing and |
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| 1 | | storage may be required from any vehicle owner or other | 2 | | legally
authorized person as a condition of release of the | 3 | | vehicle. A detailed,
signed receipt showing the legal name | 4 | | of the towing service must be given
to the person paying | 5 | | towing or storage charges at the time of payment,
whether | 6 | | requested or not.
| 7 | | This Section shall not apply to law enforcement, | 8 | | firefighting, rescue,
ambulance, or other emergency vehicles | 9 | | which are marked as such or to
property owned by any | 10 | | governmental entity.
| 11 | | When an authorized person improperly causes a motor vehicle | 12 | | to be
removed, such person shall be liable to the owner or | 13 | | lessee of the vehicle
for the cost or removal, transportation | 14 | | and storage, any damages resulting
from the removal, | 15 | | transportation and storage, attorney's fee and court costs.
| 16 | | Any towing or storage charges accrued shall be payable by | 17 | | the use of any
major credit card, in addition to being payable | 18 | | in cash.
| 19 | | 11. Towing companies shall also provide insurance | 20 | | coverage for areas
where vehicles towed under the | 21 | | provisions of this Chapter will be impounded
or otherwise | 22 | | stored, and shall adequately cover loss by fire, theft or
| 23 | | other risks.
| 24 | | Any person who fails to comply with the conditions and | 25 | | restrictions of
this subsection shall be guilty of a Class C | 26 | | misdemeanor and shall be fined
not less than $100 nor more than |
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| 1 | | $500.
| 2 | | (g)(1) When a vehicle is determined to be a hazardous | 3 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 4 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 5 | | Code, its
removal and impoundment by a towing service may be | 6 | | authorized by a law
enforcement agency with appropriate | 7 | | jurisdiction.
| 8 | | (2) When a vehicle removal from either public or private | 9 | | property is
authorized by a law enforcement agency, the owner | 10 | | of the vehicle shall be
responsible for all towing and storage | 11 | | charges.
| 12 | | (3) Vehicles removed from public or private property and
| 13 | | stored by a commercial vehicle relocator or any other towing | 14 | | service authorized by a law enforcement agency in
compliance | 15 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 16 | | at the request of the vehicle owner or operator,
shall
be | 17 | | subject to a possessor lien for services
pursuant to the Labor | 18 | | and Storage Lien (Small Amount) Act. The provisions of Section | 19 | | 1 of that Act relating to notice
and implied consent shall be | 20 | | deemed satisfied by compliance with Section
18a-302 and | 21 | | subsection (6) of Section 18a-300. In no event shall such lien
| 22 | | be greater than the rate or rates established in accordance | 23 | | with subsection
(6) of Section 18a-200 of this Code. In no | 24 | | event shall such lien be
increased or altered to reflect any | 25 | | charge for services or materials
rendered in addition to those | 26 | | authorized by this Act. Every such lien
shall be payable by use |
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| 1 | | of any major credit card, in addition to being
payable in cash.
| 2 | | (4) Any personal property belonging to the vehicle owner in | 3 | | a vehicle subject to a lien under this
subsection
(g) shall | 4 | | likewise be subject to that lien, excepting only:
child | 5 | | restraint systems as defined in Section 4 of the Child | 6 | | Passenger Protection Act and other child booster seats; | 7 | | eyeglasses; food; medicine; perishable property; any | 8 | | operator's licenses; any cash, credit
cards, or checks or | 9 | | checkbooks; any wallet, purse, or other property
containing any | 10 | | operator's license or other identifying documents or | 11 | | materials,
cash, credit cards, checks, or checkbooks; and any | 12 | | personal property belonging to a person other than the vehicle | 13 | | owner if that person provides adequate proof that the personal | 14 | | property belongs to that person. The spouse, child, mother, | 15 | | father, brother, or sister of the vehicle owner may claim | 16 | | personal property excepted under this paragraph (4) if the | 17 | | person claiming the personal property provides the commercial | 18 | | vehicle relocator or towing service with the authorization of | 19 | | the vehicle owner. | 20 | | (5) This paragraph (5) applies only in the case of a | 21 | | vehicle that is towed as a result of being involved in an | 22 | | accident. In addition to the personal property excepted under | 23 | | paragraph (4), all other personal property in a vehicle subject | 24 | | to a lien under this subsection (g) is exempt from that lien | 25 | | and may be claimed by the vehicle owner if the vehicle owner | 26 | | provides the commercial vehicle relocator or towing service |
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| 1 | | with proof that the vehicle owner has an insurance policy | 2 | | covering towing and storage fees. The spouse, child, mother, | 3 | | father, brother, or sister of the vehicle owner may claim | 4 | | personal property in a vehicle subject to a lien under this | 5 | | subsection (g) if the person claiming the personal property | 6 | | provides the commercial vehicle relocator or towing service | 7 | | with the authorization of the vehicle owner and proof that the | 8 | | vehicle owner has an insurance policy covering towing and | 9 | | storage fees. The regulation of liens on personal property and | 10 | | exceptions to those liens in the case of vehicles towed as a | 11 | | result of being involved in an accident are
exclusive powers | 12 | | and functions of the State. A home
rule unit may not regulate | 13 | | liens on personal property and exceptions to those liens in the | 14 | | case of vehicles towed as a result of being involved in an | 15 | | accident. This paragraph (5) is a denial and
limitation of home | 16 | | rule powers and functions under
subsection (h) of Section 6 of | 17 | | Article VII of the
Illinois Constitution. | 18 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 19 | | in its total amount; or
be increased or altered to reflect any | 20 | | charge for services or
materials rendered in addition to those | 21 | | authorized by this Act.
| 22 | | (h) Whenever a peace officer issues a citation to a driver | 23 | | for a violation of subsection (a) of Section 11-506 of this | 24 | | Code, the arresting officer may have the vehicle which the | 25 | | person was operating at the time of the arrest impounded for a | 26 | | period of 5 days after the time of arrest.
An impounding agency |
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| 1 | | shall release a motor vehicle impounded under this subsection | 2 | | (h) to the registered owner of the vehicle under any of the | 3 | | following circumstances: | 4 | | (1) If the vehicle is a stolen vehicle; or | 5 | | (2) If the person ticketed for a violation of | 6 | | subsection (a) of Section 11-506 of this Code was not | 7 | | authorized by the registered owner of the vehicle to | 8 | | operate the vehicle at the time of the violation; or | 9 | | (3) If the registered owner of the vehicle was neither | 10 | | the driver nor a passenger in the vehicle at the time of | 11 | | the violation or was unaware that the driver was using the | 12 | | vehicle to engage in street racing; or | 13 | | (4) If the legal owner or registered owner of the | 14 | | vehicle is a rental car agency; or | 15 | | (5) If, prior to the expiration of the impoundment | 16 | | period specified above, the citation is dismissed or the | 17 | | defendant is found not guilty of the offense.
| 18 | | (i) Except for vehicles exempted under subsection (b) of | 19 | | Section 7-601 of this Code, whenever a law enforcement officer | 20 | | issues a citation to a driver for a violation of Section 3-707 | 21 | | of this Code, and the driver has a prior conviction for a | 22 | | violation of Section 3-707 of this Code in the past 12 months, | 23 | | the arresting officer shall authorize the removal and | 24 | | impoundment of the vehicle by a towing service. | 25 | | (Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; | 26 | | 97-779, eff. 7-13-12.)
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| 1 | | (625 ILCS 5/4-203.5 new) | 2 | | Sec. 4-203.5. Tow rotation list. | 3 | | (a) Each law enforcement agency whose duties include the | 4 | | patrol of highways in this State shall maintain a tow rotation | 5 | | list which shall be used by law enforcement officers | 6 | | authorizing the tow of a vehicle within the jurisdiction of the | 7 | | law enforcement agency. To ensure adequate response time, a law | 8 | | enforcement agency may maintain multiple tow rotation lists, | 9 | | with each tow rotation list covering tows authorized in | 10 | | different geographic locations within the jurisdiction of the | 11 | | law enforcement agency. A towing service may be included on | 12 | | more than one tow rotation list. | 13 | | (b) Any towing service operating within the jurisdiction of | 14 | | a law enforcement agency may submit an application in a form | 15 | | and manner prescribed by the law enforcement agency for | 16 | | inclusion on the law enforcement agency's tow rotation list. | 17 | | The towing service does not need to be located within the | 18 | | jurisdiction of the law enforcement agency. To be included on a | 19 | | tow rotation list the towing service must meet the following | 20 | | requirements: | 21 | | (1) possess a license permitting the towing service to | 22 | | operate in every unit of local government in the law | 23 | | enforcement agency's jurisdiction that requires a license | 24 | | for the operation of a towing service; | 25 | | (2) if required by the law enforcement agency for |
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| 1 | | inclusion on that law enforcement agency's tow rotation | 2 | | list, each owner of the towing service and each person | 3 | | operating a vehicle on behalf of the towing service shall | 4 | | submit his or her fingerprints to the Department of State | 5 | | Police in the form and manner prescribed by the Department | 6 | | of State Police. These fingerprints should be transmitted | 7 | | through a live scan fingerprint vendor licensed by the | 8 | | Illinois Department of Financial and Professional | 9 | | Regulation. These fingerprints shall be checked against | 10 | | the fingerprint records now and hereafter filed in the | 11 | | Department of State Police and Federal Bureau of | 12 | | Investigation criminal history records databases. The | 13 | | Department of State Police shall charge a fee for | 14 | | conducting the criminal history record check, which shall | 15 | | be deposited in the State Police Services Fund and shall | 16 | | not exceed the actual cost of the State and national | 17 | | criminal history record check. The Department of State | 18 | | Police shall furnish, pursuant to positive identification, | 19 | | all Illinois conviction information to the law enforcement | 20 | | agency maintaining the tow rotation list and shall forward | 21 | | the national criminal history record information to the law | 22 | | enforcement agency maintaining the tow rotation list. A | 23 | | person may not own a towing service or operate a vehicle on | 24 | | behalf of a towing service included on a tow rotation list | 25 | | if that person has been convicted during the 5 years | 26 | | preceding the application of a criminal offense involving |
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| 1 | | one or more of the following: | 2 | | (A) bodily injury or attempt to inflict bodily | 3 | | injury to another person; | 4 | | (B) theft of property or attempted theft of | 5 | | property; or | 6 | | (C) sexual assault or attempted sexual assault of | 7 | | any kind. | 8 | | (3) each person operating a vehicle on behalf of the | 9 | | towing service must be classified for the type of towing | 10 | | operation he or she shall be performing and the vehicle he | 11 | | or she shall be operating; | 12 | | (4) possess and maintain the following insurance in | 13 | | addition to any other insurance required by law: | 14 | | (A) comprehensive automobile liability insurance | 15 | | with a minimum combined single limit coverage of | 16 | | $1,000,000; | 17 | | (B) commercial general liability insurance with | 18 | | limits of not less than $1,000,000 per occurrence, | 19 | | $100,000 minimum on-hook coverage, and garage keepers | 20 | | legal liability and cargo; and | 21 | | (C) a worker's compensation policy covering every | 22 | | person operating a tow truck on behalf of the towing | 23 | | service, if required under current law; | 24 | | (5) possess a secure parking lot used for short-term | 25 | | vehicle storage after a vehicle is towed that is open | 26 | | during business hours and is equipped with security |
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| 1 | | features as required by the law enforcement agency; | 2 | | (6) utilize only vehicles that possess a valid vehicle | 3 | | registration, display a valid Illinois license plate in | 4 | | accordance with Section 5-202 of this Code, and comply with | 5 | | the weight requirements of this Code; | 6 | | (7) every person operating a towing or recovery vehicle | 7 | | on behalf of the towing service must have completed a | 8 | | Traffic Incident Management Training Program approved by | 9 | | the Department of Transportation; | 10 | | (8) hold a valid authority issued to it by the Illinois | 11 | | Commerce Commission; | 12 | | (9) comply with all other applicable federal, State, | 13 | | and local laws; and | 14 | | (10) comply with any additional requirements the | 15 | | applicable law enforcement agency deems necessary. | 16 | | The law enforcement agency may select which towing services | 17 | | meeting the requirements of this subsection (b) shall be | 18 | | included on a tow rotation list. The law enforcement agency may | 19 | | choose to have one towing service on its tow rotation list. | 20 | | Complaints regarding the process for inclusion on a tow | 21 | | rotation list or the use of a tow rotation list may be referred | 22 | | in writing to the head of the law enforcement agency | 23 | | administering that tow rotation list. The head of the law | 24 | | enforcement agency shall make the final determination as to | 25 | | which qualified towing services shall be included on a tow | 26 | | rotation list, and shall not be held liable for the exclusion |
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| 1 | | of any towing service from a tow rotation list. | 2 | | (c) Whenever a law enforcement officer initiates a tow of a | 3 | | vehicle, the officer shall contact his or her law enforcement | 4 | | agency and inform the agency that a tow has been authorized. | 5 | | The law enforcement agency shall then select a towing service | 6 | | from the law enforcement agency's tow rotation list | 7 | | corresponding to the geographical area where the tow was | 8 | | authorized, and shall contact that towing service directly by | 9 | | phone, computer, or similar means. Towing services shall be | 10 | | contacted in the order listed on the appropriate tow rotation | 11 | | list, at which point the towing service shall be placed at the | 12 | | end of that tow rotation list. In the event a listed towing | 13 | | service is not available, the next listed towing service on | 14 | | that tow rotation list shall be contacted. | 15 | | (d) A law enforcement agency may deviate from the order | 16 | | listed on a tow rotation list if the towing service next on | 17 | | that tow rotation list is, in the judgment of the authorizing | 18 | | officer or the law enforcement agency making the selection, | 19 | | incapable of or not properly equipped for handling a specific | 20 | | task related to the tow that requires special skills or | 21 | | equipment. A deviation from the order listed on the tow | 22 | | rotation list for this reason shall not cause a loss of | 23 | | rotation turn by the towing service determined to be incapable | 24 | | or not properly equipped for handling the request. | 25 | | (e) In the event of an emergency a law enforcement officer | 26 | | or agency, taking into account the safety and location of the |
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| 1 | | situation, may deviate from the order of the tow rotation list | 2 | | and obtain towing service from any source deemed appropriate. | 3 | | (f) If the owner or operator of a disabled vehicle is | 4 | | present at the scene of the disabled vehicle, is not under | 5 | | arrest, and does not abandon his or her vehicle, and in the law | 6 | | enforcement officer's opinion the disabled vehicle is not | 7 | | impeding or obstructing traffic, illegally parked, or posing a | 8 | | security or safety risk, the law enforcement officer shall | 9 | | allow the owner of the vehicle to specify a towing service to | 10 | | relocate the disabled vehicle. If the owner chooses not to | 11 | | specify a towing service, the law enforcement agency shall | 12 | | select a towing service for the vehicle as provided in | 13 | | subsection (c) of this Section. | 14 | | (g) If a tow operator is present or arrives where a tow is | 15 | | needed and it has not been requested by the law enforcement | 16 | | agency or the owner or operator, the law enforcement officer, | 17 | | unless acting under Section 11-1431 of this Code, shall advise | 18 | | the tow operator to leave the scene. | 19 | | (h) A law enforcement agency whose jurisdiction is limited | 20 | | to a municipality with a population of over 1,000,000 may work | 21 | | with a municipal agency to establish, maintain, and enforce | 22 | | that law enforcement agency's tow rotation list. | 23 | | (625 ILCS 5/11-1431) | 24 | | Sec. 11-1431. Solicitations at accident or disablement | 25 | | scene prohibited. |
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| 1 | | (a) A tower, as defined by Section 1-205.2 of this Code, or | 2 | | an employee or agent of a tower may not: (i) stop at the scene | 3 | | of a motor vehicle accident or at or near a damaged or disabled | 4 | | vehicle for the purpose of soliciting the owner or operator of | 5 | | the damaged or disabled vehicle to enter into a towing service | 6 | | transaction; or (ii) stop at the scene of an accident or at or | 7 | | near a damaged or disabled vehicle unless called to the | 8 | | location by a law enforcement officer, the Illinois Department | 9 | | of Transportation, the Illinois State Toll Highway Authority, a | 10 | | local agency having jurisdiction over the highway, or the
owner | 11 | | or operator of the damaged or disabled vehicle. This Section | 12 | | shall not apply to employees of the Department, the Illinois | 13 | | State Toll Highway Authority, or local agencies when engaged in | 14 | | their official duties. Nothing in this Section shall prevent a | 15 | | tower from stopping at the scene of a motor vehicle accident or | 16 | | at or near a
damaged or disabled vehicle if the owner or | 17 | | operator signals the tower for assistance from the location of | 18 | | the motor vehicle accident or damaged or disabled vehicle.
| 19 | | (b) A person who violates this Section is guilty of a | 20 | | business offense and shall be required to pay a fine of more | 21 | | than $500, but not more than $1000. A person convicted of | 22 | | violating this Section shall also have his or her driver's | 23 | | license, permit, or privileges suspended for 3 months. After | 24 | | the expiration of the 3 month suspension, the person's driver's | 25 | | license, permit, or privileges shall not be reinstated until he | 26 | | or she has paid a reinstatement fee of $100. If a person |
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| 1 | | violates this Section while his or her driver's license, | 2 | | permit, or privileges are suspended under this subsection (b), | 3 | | his or her driver's license, permit, or privileges shall be | 4 | | suspended for an additional 6 months, and shall not be | 5 | | reinstated after the expiration of the 6 month suspension until | 6 | | he or she pays a reinstatement fee of $100. | 7 | | (Source: P.A. 96-1376, eff. 7-29-10.)
| 8 | | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| 9 | | Sec. 18a-300. Commercial vehicle relocators - Unlawful | 10 | | practices. It
shall be unlawful for any commercial vehicle | 11 | | relocator:
| 12 | | (1) To operate in any county in which this Chapter is | 13 | | applicable
without a valid, current relocator's license as | 14 | | provided in Article IV
of this Chapter;
| 15 | | (2) To employ as an operator, or otherwise so use the | 16 | | services of,
any person who does not have at the | 17 | | commencement of employment or
service, or at any time | 18 | | during the course of employment or service, a
valid, | 19 | | current operator's employment permit, or temporary | 20 | | operator's
employment permit issued in accordance with | 21 | | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | 22 | | notify the Commission, in writing, of any
known criminal | 23 | | conviction of any employee occurring at any time before
or | 24 | | during the course of employment or service;
| 25 | | (3) To employ as a dispatcher, or otherwise so use the |
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| 1 | | services of, any
person who does not have at the | 2 | | commencement of employment or service, or
at any time | 3 | | during the course of employment or service, a valid, | 4 | | current
dispatcher's or operator's employment permit or | 5 | | temporary dispatcher's or
operator's employment permit | 6 | | issued in accordance with Sections 18a-403 or
18a-407 of | 7 | | this Chapter; or to fail to notify the Commission, in | 8 | | writing,
of any known criminal conviction of any employee | 9 | | occurring at any time
before or during the course of | 10 | | employment or service;
| 11 | | (4) To operate upon the highways of this State any | 12 | | vehicle used in
connection with any commercial vehicle | 13 | | relocation service unless:
| 14 | |
(A) There is painted or firmly affixed to the | 15 | | vehicle on both sides of the
vehicle in a color or | 16 | | colors vividly contrasting to the color of the vehicle
| 17 | | the name, address and telephone number of the | 18 | | relocator.
The Commission shall prescribe reasonable | 19 | | rules and regulations
pertaining to insignia to be | 20 | | painted or firmly affixed to vehicles and
shall waive | 21 | | the requirements of the address on any vehicle in cases
| 22 | | where the operator of a vehicle has painted or | 23 | | otherwise firmly affixed
to the vehicle a seal or trade | 24 | | mark that clearly identifies the
operator of the | 25 | | vehicle; and
| 26 | |
(B) There is carried in the power unit of the |
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| 1 | | vehicle a certified
copy of the currently effective | 2 | | relocator's license and operator's
employment permit. | 3 | | Copies may be photographed, photocopied, or reproduced
| 4 | | or printed by any other legible and durable process. | 5 | | Any person guilty of
not causing to be displayed a copy | 6 | | of his relocator's license and
operator's employment | 7 | | permit may in any hearing concerning the violation
be | 8 | | excused from the payment of the penalty hereinafter | 9 | | provided upon a
showing that the license was issued by | 10 | | the Commission, but was
subsequently lost or | 11 | | destroyed;
| 12 | | (5) To operate upon the highways of this State any | 13 | | vehicle used in
connection with any commercial vehicle | 14 | | relocation service that bears the
name or address and | 15 | | telephone number of any person or entity other than
the | 16 | | relocator by which it is owned or to which it is leased;
| 17 | | (6) To advertise in any newspaper, book, list, | 18 | | classified directory
or other publication unless there is | 19 | | contained in the advertisement the
license number of the | 20 | | relocator;
| 21 | | (7) To remove any vehicle from private property without | 22 | | having first
obtained the written authorization of the | 23 | | property owner or other person
in lawful possession or | 24 | | control of the property, his authorized agent,
or an | 25 | | authorized law enforcement officer. The authorization may | 26 | | be on
a contractual basis covering a period of time or |
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| 1 | | limited to a specific
removal;
| 2 | | (8) To charge the private property owner, who requested | 3 | | that an
unauthorized vehicle be removed from his property, | 4 | | with the costs of
removing the vehicle contrary to any | 5 | | terms that may be a part of the
contract between the | 6 | | property owner and the commercial relocator.
Nothing in | 7 | | this paragraph shall prevent a relocator from assessing,
| 8 | | collecting, or receiving from the property owner, lessee, | 9 | | or their agents
any fee prescribed by the Commission;
| 10 | | (9) To remove a vehicle when the owner or operator of | 11 | | the vehicle
is present or arrives at the vehicle location | 12 | | at any time prior to the
completion of removal, and is | 13 | | willing and able to remove the vehicle
immediately , except | 14 | | for vehicles that require a commercial driver's license to | 15 | | operate.
Vehicles that require a commercial driver's | 16 | | license to operate shall be disconnected from the tow truck | 17 | | and the owner or operator shall be allowed to remove the | 18 | | vehicle without interference upon the payment of a | 19 | | reasonable service fee of not more than one-half of the | 20 | | posted rate of the towing service as provided in paragraph | 21 | | 6 of subsection (f) of Section 4-203 of this Code, for | 22 | | which a receipt shall be given. For purposes of this | 23 | | paragraph, a tractor and trailer together shall be | 24 | | considered 2 separate vehicles ;
| 25 | | (10) To remove any vehicle from property on which signs | 26 | | are required
and on which there are not posted appropriate |
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| 1 | | signs under Section
18a-302;
| 2 | | (11) To fail to notify law enforcement authorities in | 3 | | the
jurisdiction in which the trespassing vehicle was | 4 | | removed within one
hour of the removal. Notification shall | 5 | | include a complete description
of the vehicle, | 6 | | registration numbers if possible, the locations from
which | 7 | | and to which the vehicle was removed, the time of removal, | 8 | | and any
other information required by regulation, statute | 9 | | or ordinance;
| 10 | | (12) To impose any charge other than in accordance with | 11 | | the rates set by the
Commission as provided in paragraph | 12 | | (6) of Section 18a-200 of this Chapter;
| 13 | | (13) To fail, in the office or location at which | 14 | | relocated vehicles
are routinely returned to their owners, | 15 | | to prominently post the name,
address and telephone number | 16 | | of the nearest office of the Commission to
which inquiries | 17 | | or complaints may be sent;
| 18 | | (13.1) To fail to distribute to each owner or operator | 19 | | of a relocated
vehicle, in written form as prescribed by | 20 | | Commission rule or regulation, the
relevant statutes, | 21 | | regulations and ordinances governing commercial vehicle
| 22 | | relocators, including, in at least 12 point boldface type, | 23 | | the name, address
and telephone number of the nearest | 24 | | office of the Commission to which inquiries
or complaints | 25 | | may be sent;
| 26 | | (13.2) To fail, in the office or location at which |
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| 1 | | relocated vehicles
are routinely returned to their owners, | 2 | | to ensure that the relocator's representative provides | 3 | | suitable evidence of his or her identity to the owners of | 4 | | relocated vehicles upon request;
| 5 | | (14) To remove any vehicle, otherwise in accordance | 6 | | with this Chapter,
more than 15 air miles from its location | 7 | | when towed from a location in an
unincorporated area of a | 8 | | county or more than 10 air miles from its location
when | 9 | | towed from any other location;
| 10 | | (15) To fail to make a telephone number available to | 11 | | the police department
of any municipality in which a | 12 | | relocator operates at which the relocator
or an employee of | 13 | | the relocator may be contacted at any time during the
hours | 14 | | in which the relocator is engaged in the towing of | 15 | | vehicles, or
advertised as engaged in the towing of | 16 | | vehicles, for the purpose of
effectuating the release of a | 17 | | towed vehicle; or to fail to include the
telephone number | 18 | | in any advertisement of the relocator's services published
| 19 | | or otherwise appearing on or after the effective date of | 20 | | this amendatory
Act; or to fail to have an employee | 21 | | available at any time on the
premises owned or controlled | 22 | | by the relocator for the purposes of arranging
for the | 23 | | immediate release of the vehicle.
| 24 | | Apart from any other penalty or liability authorized | 25 | | under this Act, if
after a reasonable effort, the owner of | 26 | | the vehicle is unable to make telephone
contact with the |
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| 1 | | relocator for a period of one hour from his initial attempt
| 2 | | during any time period in which the relocator is required | 3 | | to respond at
the number, all fees for towing, storage, or | 4 | | otherwise are to be waived. Proof
of 3 attempted phone | 5 | | calls to the number provided to the police department
by an | 6 | | officer or employee of the department on behalf of the | 7 | | vehicle owner
within the space of one hour, at least 2 of | 8 | | which are separated by 45 minutes,
shall be deemed | 9 | | sufficient proof of the owner's reasonable effort to make
| 10 | | contact with the vehicle relocator. Failure of the | 11 | | relocator to respond to
the phone calls is not a criminal | 12 | | violation of this Chapter;
| 13 | | (16) To use equipment which the relocator does not own, | 14 | | except in
compliance with Section 18a-306 of this Chapter | 15 | | and Commission regulations.
No equipment can be leased to | 16 | | more than one relocator at any time.
Equipment leases shall | 17 | | be filed with the Commission. If equipment is leased
to one | 18 | | relocator, it cannot thereafter be leased to another | 19 | | relocator until
a written cancellation of lease is properly | 20 | | filed with the Commission;
| 21 | | (17) To use drivers or other personnel who are not | 22 | | employees or
contractors of the relocator;
| 23 | | (18) To fail to refund any amount charged in excess of | 24 | | the reasonable
rate established by the Commission;
| 25 | | (19) To violate any other provision of this Chapter, or | 26 | | of Commission
regulations or orders adopted under this |
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| 1 | | Chapter ; .
| 2 | | (20) To engage in the removal of a commercial motor | 3 | | vehicle that requires a commercial driver's license to | 4 | | operate by operating the vehicle under its own power on a | 5 | | highway without authorization by a law enforcement | 6 | | officer. | 7 | | (Source: P.A. 94-650, eff. 1-1-06.)
| 8 | | (625 ILCS 5/18d-153) | 9 | | Sec. 18d-153. Misrepresentation of affiliation. It shall | 10 | | be unlawful for any tower to misrepresent an affiliation with | 11 | | the State, a unit of local government, an insurance company, a | 12 | | private club, or any other entity , or falsely claim to be | 13 | | included on a law enforcement agency's tow rotation list | 14 | | maintained under Section 4-203.5 of the Illinois Vehicle Code, | 15 | | for the purpose of securing a business transaction with a | 16 | | vehicle owner or operator.
| 17 | | (Source: P.A. 96-1369, eff. 1-1-11.)".
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